CAM TRANSPORTS Vs. C SAIDALAVI

JUDGEMENT

(1.) The point that arises for decision in this case is whether the State Transport Appellate Tribunal can direct the Regional Transport Authorities to grant a permit. The brief facts of the case are the following :

(2.) The petitioner is operating stage carriages on the route Valancherry-Pattambi and Pattambi-Valancherry. The 1st respondent applied for a regular permit on the route Valancherry-Cherplassery, which overlaps the route Valancherry-Pattambi. The R.T.A., by Ext.P1 proceedings, rejected the application on the ground that the vehicle offered is not registered in the name of the applicant therein. The first respondent applicant appealed and the appeal was allowed by Ext.P2 Judgment. The operative portion of the said Judgment reads as follows:-

(3.) The 1st respondent has filed a counter affidavit, supporting the impugned order. The learned counsel for the 1st respondent produced the common Judgment of the Division Bench of this Court in WA Nos. 1493 and 1494/98, filed, challenging the common Judgment of this Court in OP Nos. 12492 and 12490 of 1998. In the said Judgment, it has been held as follows:-